ASTEP Educates Public on the Role of Administrator General in Resolving Probate Matters

The Association of Succession, Trusts and Estate Planning Practitioners (ASTEP) held a webinar titled “The Role of Administrator General and Public Trustee in Resolving Probate Matters” recently. The webinar was facilitated by Mrs Omotola Rotimi, the Administrator General and Public Trustee of Lagos State. The program was well received by participants, and the Facilitator brilliantly explained administration of estates, the powers and duties of the office of Administrator General and Public Trustee in administration of estate, and challenges that arise from the failure to obtain grant of probate or letters of administration.

Mrs Rotimi commenced her paper by explaining that the office of the Administrator General and Public Trustee is statutorily established by the Administrator General Law, Ch. A6, Vol. 2, Laws of Lagos State, 2015. The other laws that guide the office activities are:1) Administration of Estate Law Cap A5 Laws of Lagos State 2021; 2) Public Trustee Law Ch. 19 Laws of Lagos State 2015; 3) Child Rights Law of Lagos State 2007; 4) Chapter 4, Constitution of FRN 1999; 5) Marriage Act;) Trustee Investment Act; 7) High Court of Lagos State (Civil Procedure) Rules on Probate, 2019.

By virtue of the Administrator-General Law, the Administrator General and Public Trustee is a corporate entity with perpetual succession, and has an official seal. It is capable of suing and being sued, in its corporate name. She stated that the law empowers the office of the Administrator General to administer and manage the entire estate of deceased persons, such as acting as an Executor where appointed by a Testator in a Will after the grant of probate, or act as an Administrator where the deceased died intestate and within a month of his demise, no efforts have been made to commence the process of obtaining Letters of Administration. She then went on to list the other functions, roles and powers of the office, which includes the protection of women/widows rights as it relates to Estate of the deceased persons.

Mrs Rotimi highlighted some key areas which must be noted. First, the powers, functions and roles of the Administrator General cannot be delegated, divested or waived, because the powers are statutorily conferred on the Office by virtue of the law. Further, she gave an extensive explanation on the procedure for obtaining Letters of Administration, by the Administrator General and Public Trustee.